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Victoria - Legislation

Community Welfare Services Act 1978 (1979 - 1983)

  • The Community Welfare Services Act 1978

    The Community Welfare Services Act 1978
    Details

From
1979
To
1983
Categories
Principal Act
Alternative Names
  • Social Welfare Act 1970 (Former name, c. 1970 - 1979)
Website
http://www5.austlii.edu.au/au/legis/vic/hist_act/cwsa1978300/

The Community Welfare Services Act 1978 (No. 9248) brought into being the Department of Community Welfare Services. It amended the Social Welfare Act 1970, and provided that its title be changed to the 'Community Welfare Services Act 1970'. The 1978 Act defined the objectives and philosophies guiding child welfare in Victoria in the late 1970s, with an emphasis on prevention, and supporting and enhancing family life. Sections of the legislation commenced on different dates from 24 January 1979. Most sections of it were repealed by the Statute Law Revision (Repeals) Act 1982 (No. 9836) on 5 January 1983 and (remaining sections) Community Welfare Services Amendment Act 1983 (No.9879) on 10 May 1983.

Details

The 1978 Act shows another shift in the language being used by the Government. In 1954, the Department abandoned the term 'neglected child' and replaced it with 'child in need of care and protection'. With the Community Services Act 1978, this changed again to the term 'child or young person in need of care'.

The 1978 legislation also amended the categories of a child and young person in need of care. The new Act abandoned the 'likely to lapse into a life of vice or crime' and 'in moral danger' provisions. The relevant section of the Community Welfare Services Act is as follows:

19 (1). Every child or young person under 17 years of age who is in need of care by reason of any of the following shall be admitted to the care of the Department, namely:
a. The child or young person has been ill-treated or is likely to be ill-treated, or his physical, mental or emotional development is in jeopardy;
b. The guardians of or persons having the custody or responsibility for the child or young person are unable or unwilling to provide adequate supervision and control over the child or young person;
c. The guardians of the child or young person are dead or incapacitated and no other appropriate persons are available to care for the child or young person;
d. The child or young person has been abandoned and his guardians or persons having the custody of or responsibility for him cannot, after reasonable inquiries, be found.

The Act defined the objectives and philosophies guiding child welfare in Victoria in the late 1970s, with an emphasis on prevention, and supporting and enhancing family life. Section 19(2) provided that a child would not be admitted to the care of the Department unless all reasonable steps had been taken by the Department to enable the child to remain in the care of his or her family.

Timeline

 1864 - 1888 The Neglected and Criminal Children's Act 1864
       1888 - 1890 The Neglected Children's Act 1887
             1890 - 1915 The Neglected Children's Act 1890
             1891 - 1915 Infant Life Protection Act 1890
                   1915 - 1929 Infant Life Protection Act 1915
                   1915 - 1929 Neglected Children's Act 1915
                   1919 - 1929 Children's Maintenance Act 1919
                   1919 - 1929 Children's Maintenance Act 1919
                         1929 - 1955 Children's Welfare Act 1928
                         1929 - 1958 Maintenance Act 1928
                               1955 - 1959 Children's Welfare Act 1954
                                     1959 - 1971 Children's Welfare Act 1958
                                     1960 - 1971 Social Welfare Act 1960
                                           1971 - 1978 Social Welfare Act 1970
                                                 1979 - 1983 Community Welfare Services Act 1978
                                                       1987 - Community Services Act 1987

Photos

The Community Welfare Services Act 1978
Title
The Community Welfare Services Act 1978
Type
Document

Details

Getting the Acts together: an analysis of attempts to reform child protective legislation in Victoria 1978-83
Title
Getting the Acts together: an analysis of attempts to reform child protective legislation in Victoria 1978-83
Type
Document
Date
1983 -

Details

Sources used to compile this entry: Law Research Service, Melbourne Law School, Law Library, The University of Melbourne. 'Find and Connect Project - Victoria Legislation', 13 December 2013, held in the project files at the University of Melbourne eScholarship Research Centre.

Prepared by: Cate O'Neill